Description

Constitutional and Administrative Law in New Zealand is the authoritative text on public law in New Zealand.

The new edition consolidates the high scholarly standards of the earlier editions in analysing New Zealand’s public law arrangements. Now in its fourth edition, this treatise represents a thorough and comprehensive revision of all areas of public law. It explores the doctrinal foundations of public law and critiques modern legislative and judicial developments, integrating the most recent decisions of the courts as part of the in-depth analysis of public law principles. The new edition is critical of several case law developments and offers alternative perspectives for promoting New Zealand’s public law processes.

The author, Philip A Joseph, is an acknowledged authority on New Zealand constitutional and administrative law.

In a press release from the University of Canterbury about the book Professor Joseph comments that public law, like rust, never sleeps. He goes on to say:

``It is in moments of adversity that ordinary folk turn to the law. The Canterbury earthquakes exposed dramatically how much we depend on the law for the protection of rights. The Government’s decision to offer to purchase vacant land and uninsured red zone properties at 50 percent of the 2007 rateable values was challenged in the courts and found to be unlawful. "

Extract from a review by Jason McHerron - Wellington barrister and member of the New Zealand Law Society’s Public and Administrative Law Committee

" ... Much has changed in this edition because as Professor Joseph says, public law, like rust, never sleeps. There is a new chapter on the sources of the constitution, and Joseph advances his positive empowerment theory of government – that all public action must be positively authorised by law. This theory inverts the so-called “third source” of authority for government action, otherwise known as “residual freedom”.

...Joseph laments that our attitudes to the constitution border on indifference. Recent evidence might suggest otherwise: the Constitutional Advisory Panel received over 5,000 written submissions. But the Panel’s report did conclude that more work needs to be done to ensure our constitution is better understood. The foundations for that have already been solidly laid in this book. In producing it, no one has contributed more than Philip Joseph to improving our understanding of these areas of New Zealand’s law."

For more about the background to the book, its launch in Wellington and Christchurch, and informed comment from esteemed peers, as well as its editor, visit our blog: Online Insider

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